MINUTES OF THE REGULAR MEETING OF THE GEORGETOWN CHARTER TOWNSHIP BOARD HELD JANUARY 23, 2006, 7:30 p.m.

 

The meeting was called to order at 7:30 p.m. by Chairperson Bill Holland.

 

Prayer for guidance by Del South

 

Pledge of Allegiance to the Flag

 

Roll Call

Present:            Bill Holland, Daniel Carlton, R. J. Poel, Del South, Richard VanderKlok,

Dale Mohr, Stanley Sterk

Absent: none

 

#060123-01 - Public Comments

 

No one was present to make comments.

 

#060123-02 - Approval of agenda as presented for January 23, 2006

 

Moved by R. J. Poel, seconded by Richard VanderKlok, to approve the agenda as presented.

 

MOTION CARRIED.

 

#060123-03 - Communications, letters and reports: Received for information, to be filed:

 

A.     Sheriff Department Report for December 2005

B.     Library Report for December 2005

C.     Planning Commission agenda for February 1, 2006

D.     Planning Commission meeting minutes for January 18, 2006 {note motion # 060118-08 which included the tabling of the proposed zoning ordinance amendment to Sec. 22.2(B)}

E.      Planning Commission Review Comments for January 2006

F.      Fire Department Report for December 2005

 

#060123-04 - Consent agenda

 

Moved by R. J. Poel, seconded by Del South, to approve the consent agenda as presented.

a.         Approval of minutes of the regular board meeting held on January 9, 2006

b.         Approval of Monthly Bills

c.         Approval for authorization to seek bids to purchase a DPW new generator for an

estimated cost of $32,000 and to accept the bid of $8,100 to sell the old one (SULLAIR 70 KW) (The Finance Committee recommends approval)

d.                  Approval of Resolution for Walk for Warmth 2006 (The Finance Committee

e.                   recommends approval)

f.                    Approval of Drain Improvements for a section Lowing-Comstock Drain, Township cost to be 87% of $4920.00 which is $4280.00, as per the estimate from the Drain Commissioner (The Finance Committee recommends approval)

 

MOTION CARRIED.

 

#060123-05 - Free Employee Skating

 

Moved by Dale Mohr, seconded by Stanley Sterk, to approve free skating during public skate time for full time employees and their immediate families (defined as dependents living in the same household)

 

            Note:                The Water Sewer Committee recommends approval

 

It was noted that this does not include skate rental.  A concern was noted about this would be enforced and there was discussion whether part time employees should be included.

 

Yeas:    Del South, Dale Mohr, Richard VanderKlok, Stanley Sterk

Nays:   Daniel Carlton, R. J. Poel, Bill Holland

 

            MOTION CARRIED.

 

#060123-06 - Second Reading and Adoption of Ordinance 2006-02 Fire Code Ordinance 

 

Moved by Stanley Sterk, seconded by R. J. Poel, to approve the second reading and adoption of Ordinance No. 2006-02, Fire Code Ordinance, as follows:

 

ORDINANCE NO. 2006-02

Fire Code Ordinance

 

The Charter Township of Georgetown ordains that Chapter 34 of the Code of Ordinances is amended as follows:

 

Chapter 34  FIRE PREVENTION AND PROTECTION*

__________

ARTICLE II.  FIRE DEPARTMENT

DIVISION 1.  GENERALLY

 

Sec. 34-26.  Purpose of article.

Pursuant to the authority granted the township board under Act No. 33 of the Public Acts of Michigan of 1951 (MCL 41.801 et seq.), as amended, the purpose of this article is to provide that the township board shall hereby establish the township fire department; to establish jurisdiction and authority of the township board over personnel selection; to establish authority to adopt rules and regulations for the conduct of personnel and maintenance of equipment; to employ and appoint a chief, firefighters and officers; and to prescribe the powers and duties of fire department volunteers and employees.

(Ord. No. 156, art. I, § 101, 2-11-91)

 

Sec. 34-27.  Establishment; appointment of personnel; funding.

(a)        There is hereby established the township fire department.   The township board,

acting by resolution, shall appoint such persons who, based on experience, training, and qualifications, would, in its discretion, best perform the duties associated with providing fire protection to the citizens of the township.

(b)        The township board shall approve an annual appropriation for the operation and

maintenance of the department and its equipment and, for that purpose, shall have the authority to use general funds, to initiate the creation of a special assessment district and levy assessments, sell bonds, establish user fees, or raise revenues in any other manner provided for under law for the operation and maintenance of the department; provide for payment of any debts incurred incidental to its continued operation; purchase necessary equipment; and/or construct public buildings for uses incidental to the maintenance and operation of a fire department. The township board shall establish rules and regulations for the operations of the department and the care of the equipment.

(Ord. No. 156, art. II, §§ 201, 202, 2-11-91)

 

Sec. 34-28.  Public relations.

(a)        The fire chief, or his designee, may release facts regarding fires or other

emergencies to the news media. All other personnel shall refer all media inquiries to the chief or the designee.

(b)        Members of the public will be allowed in the fire station only when accompanied

by a member of the department.

(c)        The public will always be treated courteously and professionally by all

department personnel.

(Ord. No. 156, art. VIII, §§ 801--803, 2-11-91)

 

Sec. 34-29.  Fundraising.

All fundraising activities shall have the prior approval of the township board, and all revenues solicited in the name of the fire department shall be deposited with the township treasurer. Such funds will be disbursed by the township board.

(Ord. No. 156, art. XII, § 1201, 2-11-91)

 

Secs. 34-30--34-40.  Reserved.

 

DIVISION 2.  DUTIES OF THE CHIEF

 

Sec. 34-41.  Accountable for efficient and effective operation of department.

The township board shall authorize the supervisor, subject to the approval of the board, to appoint a chief who shall be the chief administrative officer of the department. The chief shall be accountable to the township board for the efficient and effective operation of the department, and for the department's compliance with all state laws, township ordinances and policies. The chief shall serve at the pleasure of the board.

(Ord. No. 156, art. III, § 301, 2-11-91)

 

Sec. 34-42.  Appointment of personnel.

The chief shall recommend, subject to township board approval, the appointment of an assistant chief, captains, lieutenants, engineers (drivers) and firefighters as may be deemed necessary.

(Ord. No. 156, art. III, § 302, 2-11-91)

 

Sec. 34-43.  Development of administrative rules.

The chief shall develop written administrative rules to increase the efficiency and effectiveness of the department, including preplanning and postincident critiques, regulations, assignment and scheduling of personnel, and shall plan for the long-range needs of the department.

(Ord. No. 156, art. III, § 303, 2-11-91)

 

Sec. 34-44.  Review; monthly report to township board.

The chief shall review all personnel and operating problems with and shall report monthly to the township board. A written report shall be filed annually with the township board.

(Ord. No. 156, art. III, § 304, 2-11-91)

 

Sec. 34-45.  Notification of township authorities of major problems or issues.

As needed, the chief shall notify the township supervisor and fire committee of major problems or issues that require board action. When such problems must be resolved immediately and it is impractical or will endanger the health, safety or welfare of the township to wait until the next board meeting to resolve the issue, the township supervisor shall be empowered to resolve the issue or problem, subject to the subsequent approval of the board.

(Ord. No. 156, art. III, § 305, 2-11-91)

 

Sec. 34-46.  Departmental information and training meetings.

The chief shall hold regular department informational and training meetings.

(Ord. No. 156, art. III, § 306, 2-11-91)

 

Sec. 34-47.  Finances.

The chief may incur expenditures against the department budget as appropriated by the township board. The chief will monitor the unencumbered balances remaining in the department budget and shall make timely recommendations for budget amendments at such time as the need for such amendments become known. The department's expenditures shall not exceed the amounts appropriated. Capital outlay purchases shall conform to township policy regarding written quotes and competitive bidding.

(Ord. No. 156, art. III, § 307, 2-11-91)

 

Sec. 34-48.  Additional responsibilities.

The chief shall also be responsible for the following:

(1)        Supervising the extinguishment of all fires that endanger the health, safety

and welfare of the township.

(2)        Enforcing township fire ordinances or fire prevention codes.

(3)        Ensuring that all personnel are trained and qualified for the duties that they

are expected to fulfill.

(4)        Ensuring that fire inspection and community fire prevention programs are

conducted.

(5)        Ensuring that all equipment and buildings are properly maintained and in

good working order.

(6)        Ensuring that all department personnel comply with departmental and

board rules, regulations and policies.

(7)        Appointing training officers.

(Ord. No. 156, art. III, § 308, 2-11-91)

 

Secs. 34-49--34-60.  Reserved.

 

DIVISION 3.  PERSONNEL

 

Sec. 34-61.  Officers.

(a)        Chain of command. There shall be a chain of command established among the

department officers in descending order of rank, from the chief to the assistant chief, captains, lieutenants, engineers, to firefighters. Each rank shall obey the orders of their superior officers. Temporary officers may be appointed by the senior officer present at any emergency to ensure the continuity of the chain of command. Such temporary appointments shall terminate when the officer with the given responsibility becomes available.

(b)        Job descriptions; responsibility of command officer. The chief shall establish a

job description for each rank. Each command officer shall be responsible that orders are carried out by subordinates.

(Ord. No. 156, art. IV, §§ 401, 402, 2-11-91)

 

Sec. 34-62.  Firefighters.

(a)        Qualifications. Applicants for vacant firefighter positions shall be of good

character, possess a good driving record, and shall be screened by a physician of the township board's choice and at township expense. The physician's examination shall determine if the applicant has any preexisting physical conditions that would preclude the applicant from performing the duties associated with firefighting.

(b)        Probationary period. All firefighters shall serve an initial probationary period of

not less than six months. At the discretion of the chief, the probationary period may be extended. At the conclusion of the minimum probationary period, the chief may recommend that a probationary firefighter that has met all of the qualifications contained in the firefighter job description be given permanent firefighter status by the township board.

(c)        Entitlements of probationary firefighter. A probationary firefighter shall be

entitled to all compensation and benefits, but shall be restricted to perform only those duties for which he has been specifically trained. A probationary firefighter shall not be issued department insignias or badges. Use of emergency signal devices on the private vehicle of a probationary firefighter shall be at the chief's discretion.

(Ord. No. 156, art. V, §§ 501--503, 2-11-91)

 

Sec. 34-63.  Disciplinary procedures.

(a)        In response to violations; documentation. Violations of any township ordinances,

board rules, department administrative regulations, or convictions of a felony shall subject any personnel involved to disciplinary proceedings. A violation shall be documented by the chief upon good cause shown, or when a violation occurs in his presence.

(b)        Written reprimand; range of disciplinary action. The chief shall provide a copy of

the written reprimand to an alleged violator. The written reprimand shall state the rule that was allegedly violated, the nature of any disciplinary action taken, and the consequences of any further reoccurrences. Disciplinary action may range from a reprimand to a suspension, demotion or dismissal, or a combination of any of the above, depending on:

(1)        Seriousness of the violation.

(2)        Consequences to the safety of others by the violation.

(3)        Potential harm to the department or the township.

(4)        Prior record of the individual.

(5)        The degree of wantonness, if any, of the act.

(c)        Appeal to board. Any disciplinary action may be appealed to the township board,

who shall affirm, deny, or modify the disciplinary action taken by the chief. The township board may, on its own initiative, bring charges against any fire department personnel. Disciplinary action initiated by the township board shall follow the above procedures, except that the responsibilities assigned above to the chief shall be performed by the township board.

(d)        Theft; cause for dismissal. In addition to such administrative rules that may be

promulgated by the chief, theft of township property or other property at the scene of an emergency shall be cause for dismissal.

(e)        Response by firefighters while intoxicated. Firefighters shall not respond to

emergencies, meetings or training sessions while under the influence of alcohol or any controlled substances.

(Ord. No. 156, art. VI, §§ 601--605, 2-11-91)

 

Sec. 34-64.  Compensation.

Compensation to firefighters shall be in such amounts as may be determined from time to time by the township board. The department shall keep accurate records that indicate the amount of compensable time served by all personnel. The time records shall be submitted quarterly to the fire chief. The chief shall approve the time records and submit to the clerk for payment.

(Ord. No. 156, art. VII, § 701, 2-11-91)

 

Secs. 34-65--34-75.  Reserved.

 

DIVISION 4.  OPERATIONS

 

Sec. 34-76.  Emergency responses.

(a)        When responding to emergencies, all personnel will drive emergency vehicles

with appropriate concern for the safety of the public and defensive driving. Use of emergency signals on vehicles shall be considered a request for the right-of-way from other drivers.

(b)        Use of emergency signal equipment shall be permitted only when the department

has been officially dispatched to an emergency.

(Ord. No. 156, art. IX, §§ 901, 902, 2-11-91)

 

Sec. 34-77.  Fire department equipment.

(a)        Protective gear shall be worn when engaged in firefighting in any enclosed

structure, or outdoors when warranted.

(b)        Lost or damaged equipment shall be reported as soon as possible to an officer.

Township property shall be disposed only with the prior approval of the township board. All department-issued equipment shall be returned to the chief by personnel leaving the department.

(c)        No person shall willfully molest, take for his own private use, or damage in any

manner, any firefighting equipment or anything pertaining to the firefighting system, or drive any vehicle upon or against any hose or equipment of the fire department.

 

Sec. 34-78.  Use of fire station.

(a)        Only township-owned vehicles and equipment may be kept at the fire station.

Department equipment shall not be borrowed for private use.

(b)        Private vehicles must be parked in designated areas only.

(c)        Alcohol and controlled substances shall not be brought into the fire station.

(Ord. No. 156, art. XI, §§ 1101--1103, 2-11-91)

 

Effective Date.  This ordinance shall become effective on the thirtieth day after publication after adoption.  This ordinance was read for the first time on January 9, 2006, published on January 17, 2006, read for the second time and adopted by the Georgetown Charter Township Board on January 23, 2006, published for the second time on January 31, 2006, and effective thirty days from second publication which is March 3, 2006.

 

Yeas:    Bill Holland, Daniel Carlton, Del South, Stanley Sterk, Dale Mohr, R. J. Poel,

            Richard VanderKlok

Nay:     none

 

            MOTION CARRIED.

 

#060123-07 - Annual Township Spring Clean-up

 

Moved by R. J. Poel, seconded by Del South, to approve the Annual Township Spring Clean-up day for Saturday May 6, 2006, to be conducted at the site of Allied Waste, 2471 Wilshere Dr. Jenison. Contract will include the following charges: trucks $38.19 per ton, trucks and operators $82.75 per hour, yard waste $7.51 per ton, front end loader and operator $128.75 per hour.  Hours of operation will be 7:00AM to 4:00 pm, Emergency Services will check ID at the main gate.    

 

Note:                The Services Committee recommends approval

 

A suggestion was made that the committee review initiating a fee to counteract the increases and bring a recommendation to the Board.

 

            MOTION CARRIED.

 

#060123-08 - Bid opening of New Fire Apparatus, held Tuesday January 10, 2006, 4:00 p.m.

 

Moved by Daniel Carlton, seconded by Richard VanderKlok, to approve receiving the Bid and awarding the purchase of a new Fire Apparatus from HME for $308,831.00.  This apparatus will the housed at Station No.1.  Equipment for operation will be purchased from various vendors and  will be selected by lowest Bid.

 

Note:                Other Bids: West Shore Fire-$439,681.00 + $130,850.00

American La France-$360,575.74 + $51,744.74

Service Committee recommends approval

 

Yeas:    Bill Holland, Daniel Carlton, Del South, Stanley Sterk, Dale Mohr, R. J. Poel,

            Richard VanderKlok

Nay:     none

 

            MOTION CARRIED.

 

#060123-09 - Authorization to Sell Two Fire Vehicles

 

Moved by Del South, seconded by R. J. Poel, to authorize the sale of two fire vehicles (878 and 2201).

 

            Note:                The Finance Committee recommended approval

 

            MOTION CARRIED.

 

#060123-10 - Holiday Duty Team Adjusted

 

Moved by R. J. Poel, seconded by Richard VanderKlok, to approve increasing Firefighter Holiday Duty Teams from 2 Firefighters to 5 member teams.  Holiday pay is to be $40.00 for the day, plus any fire calls.  Wages will be paid from the payroll budget.  The 6 holidays are as follows: New Years, Memorial Day, Independence Day, Labor Day, Thanksgiving and Christmas.  This is within the budget.

 

            Note:                The Services Committee recommends approval

 

            MOTION CARRIED.

 

#060123-11 - Request to Purchase Turn Out Gear

 

Moved by Del South, seconded by R. J. Poel, to approve purchasing 10 full sets of Turn Out Gear, (coats and pants) and one additional pants from West Shore Fire at a total cost of $14,630.00.  Price is increased after January 15, 2006.  This is budgeted for 2006

           

            Note:                Three Quotes Considered:  West Shore Fire-$1385.00, Time Emergency-

$1385.00, Five Alarm-$1232.00

Service Committee recommends approval

 

Yeas:    Bill Holland, Daniel Carlton, Del South, Stanley Sterk, Dale Mohr, R. J. Poel,

            Richard VanderKlok

Nay:     none

 

            MOTION CARRIED.

 

#060123-12 - Bids for Legal Advertising, 2006/2007

 

Moved by R. J. Poel, seconded by Del South, to approve the Bid proposal from Advance Newspaper for legal advertising in the Grand Valley Advance east/west edition from April 1, 2006 thru March 31, 2007, in the amount of $3.39 per column inch. Legal notices to be published on Tuesdays of each week as needed

 

            Note:                Other Bid: Grand Rapids Press, Grandville Jenison edition at  $3.67 per

column inch

Service Committee Recommends approval

 

            MOTION CARRIED.

 

#060123-13 - Special Use Permit (SUP0601) Chapel Pointe, 3350 Baldwin

 

Moved by Daniel Carlton, seconded by Richard VanderKlok, to approve Special Use Permit (SUP0601) Chapel Pointe, 1675 Baldwin St., to have a church under Sec. 7.3(A) and 6.3(Q), on a parcel of land described as P.P. # 70-14-17-400-024, located at 3350 Baldwin, in a (RR) Rural Residential district, Georgetown Township, Ottawa County, Michigan, because the proposed plan meets the applicable standards of the ordinance for the site plan under Sec. 19.4 and for the general special use standards under Sec. 20.3(A) and the specific special use standards under Sec. 20.4(E), with the following condition:

·        The zoning administrator is to review the materials and design of the adult/youth ministry building to assure that materials and design are similar to the main building at the time that a building permit is submitted to the Township for the ministry building.

 

Note:                The Planning Commission recommended approval

paper copies of the site plan available at the Township Office

letter from neighbor about drainage

 

            MOTION CARRIED.

 

#060123-14 - Special Use Permit (SUP0602) Aukeman Development, 3290, 3326 Harrison,

Balsum Dr.

 

Moved by Stanley Sterk, seconded by R. J. Poel, to approve Special Use Permit (SUP0602) Aukeman Development, One Royal Park Drive, Zeeland, to have commercial soil removal under Sec. 6.3(L), on parcels of land described as P.P. # 70-14-29-200-036, 70-14-29-200-037, 70-14-28-100-031 and 70-14-28-100-032, located at 3290 and 3326 Harrison and Balsum Dr., in a (RR) Rural Residential district and (AG) Agriculture district, Georgetown Township, Ottawa County, Michigan, because the proposed plan meets the applicable standards of the ordinance for the site plan under Sec. 19.4 and for the general special use standards under Sec. 20.3(A) and the specific special use standards under Sec. 20.4(H), with the following conditions:

·        A Mineral Mining License be obtained and that all operation adhere to any conditions imposed by the license;

·        A signed DEQ permit be submitted prior to any commercial soil removal activities commencing;

·        Hours of operation be limited to 7:00 a.m. to 6:00 p.m. Monday to Friday, 8:00 a.m. to 3:00 p.m. Saturday, and no Sundays or holidays (as stipulated on the site plan);

·        The haul route is the proposed Kreekfield Dr. to Port Sheldon, then either left or right (as stipulated on the site plan), and all roads within the site including Kreekfield Drive are to be maintained in a manner that controls dust and prevents debris from being carried onto public streets;

·        All berms are to be maintained;

·        There are no implied approvals for the residential development shown for the reclamation plan, but rather the applicant must meet all ordinances and application processes for the development at the time in the future when ready to proceed with the residential development.

 

Note:                The Planning Commission recommended approval

paper copies of the site plan available at the Township Office

 

            MOTION CARRIED.

 

#060123-15 - (REZ0601) Zoning Ordinance Amendments

 

Moved by Del South, seconded by Daniel Carlton, to deny the proposed ordinance amendment as follows because the intention of the LMR district is for sites to be more affordable and the option exists to develop the site in the LDR district with dry sewer, plus this would cause problems for the Department of Public Works.

 

Chapter 24

(e)        All lots shall be serviced by public water and sanitary sewer (installation of dry sewer mains fulfills this obligation on installed sewer when parcels have a minimum lot size of 12,000 square feet).

 

Note:                The Planning Commission recommended denial.  

 

MOTION CARRIED.

 

Moved by Del South, and seconded by Daniel Carlton, to approve the proposed ordinance amendment as follows to eliminate footnote (f) from the LMR district (only) in Chapter 24 because it is an error to refer to two family dwellings in the LMR since they are not permitted in the LMR.

 

(f)         All two family dwelling structures shall have a minimum lot area of fifteen thousand (15,000) square feet and a minimum lot width of one hundred twenty (120) feet, provided when public water and sanitary sewer are available (installation of dry sewer mains fulfills this obliga­tion on installed sewer) the minimum frontage requirement is reduced to one hundred (100) feet and the lot area is reduced to fourteen thousand (14,000) square feet.  (Note: The removal of footnote (f) relates to lots in the LMR district only)

 

Note:                The Planning Commission recommended approval.  Note that the

Planning Commission tabled Sec. 22.2(B) for further study and there is not a recommendation to the Board for this section at this time.

 

            MOTION CARRIED.

 

#060123-16 - Rezoning (REZ0506)

 

Moved by Daniel Carlton, seconded by Del South, to approve Rezoning (REZ0506) To change from (RR) Rural Residential to (LDR) Low Density Residential a parcel of land described as P.P. # 70-14-18-300-022, located at 4724 Baldwin, and to leave P.P. # 70-14-18-300-021 zoned LDR, therefore, denying the request to rezone to LMR, Georgetown Township, Ottawa County, Michigan, because it is consistent with the Master Plan.

 

Note:                As recommended by the Planning Commission as presented. 

 

            MOTION CARRIED.

 

#060123-17 - Authorize Clerk to Solicit Bids for Vehicle and to Trade Old Vehicle

 

Moved by R. J. Poel, seconded by Daniel Carlton, to authorize the Clerk to solicit bids for a vehicle, half ton pickup, and to trade an old vehicle.

 

            Note:                The Finance Committee recommended approval

 

            MOTION CARRIED.

 

#060123-18 - Public Comment

 

No one was present to make comments.

 

#060123-19 - Board Open Discussion

 

Del South asked the committee to look at permitting part time employees to skate for free.  Stanley Sterk said that the reduction for the density was not necessary for the project for Aukeman noted in the Planning Commission minutes.

 

#060123-20 - Announcement of any scheduled meeting of interest to board members

 

Bill Holland stated that the MTA conference starts tomorrow and the Mineral Mining Board is to meet February 6, 2006.

 

#060123-21 - Reports from Standing Committees

 

            Water/Sewer committee minutes of January 9, 2006

 

Services Committee meeting minutes of January 16, 2006

 

            Finance Committee meeting minutes of January 20, 2006

 

#060123-22 - Meeting adjourned at 8:12 p.m.

 

 

                                               

William Holland, Supervisor

 

                                               

R. J. Poel, Clerk